The draft Presumption of Death Bill (Northern Ireland) allows the High Court to declare that a missing person may be presumed dead and for the issuing of death certificates. Announcing the proposals today, the Finance Minister, Rt Hon Peter Robinson MP, MLA said: “The thought of a loved one going missing is difficult to imagine – but it has the potential to happen to any of us.
“When a person goes missing and is presumed dead, in addition to the emotional trauma, the families left behind find themselves in a state of legal limbo. Can the family home be sold? Does the missing person’s will have to followed? Can the death of the missing person be registered?
“Unfortunately there has been no easy answer to these questions because existing court procedures do not allow a judge to deal with all the legal issues arising from such a death.
“The draft legislation published today will help the families of missing people answer some of these questions. The draft Bill allows family members and others to apply to the High Court for a declaration that the missing person may be presumed to be dead if he or she is thought to have died or has been missing for more than seven years and has not been heard from during that period. The court order will lead to the missing person’s presumed death being registered and a death certificate issued to the families.”
The Minister appealed for responses from the public as well as professional and voluntary organisations during the forthcoming 12-week consultation period.
“The draft Bill will be open for public consultation until Tuesday 15th April 2008. My Department welcomes submissions from all those individuals and organisations affected by this issue as well as those offering support to the families of missing persons,” he said.
Notes to Editors:
- On 4 May 2007 the former Secretary of State, Rt Hon Peter Hain MP, announced that proposals would be brought forward addressing the concerns of the families of “the disappeared” to have their deaths registered and death certificates issued. That announcement made clear that the new legislation would cover missing persons generally.
- The majority of people who are reported missing each year return home within 72 hours. There are no figures available to indicate how many people go missing each year in Northern Ireland who never return home or otherwise make contact with their families or friends and who may be presumed dead.
- Under the Births and Deaths Registration (Northern Ireland) Order 1976 a death can generally be registered only if a body is found in Northern Ireland and a cause of death can be established.
- The new legislation for Northern Ireland is modelled on the Presumption of Death (Scotland) Act 1977. Around 30 declarations of presumed death have been made under that Act since 2000.
- The Consultation Document can be downloaded from the Departmental website
- Responses to the Consultation Document should be sent to:
- Mr Neil Lambe
Civil Law Reform Division
Departmental Solicitor’s Office
Department of Finance and Personnel
Victoria Hall
12 May Street
BELFAST BT1 4NL
Tel: 02890 521521
Fax: 02890 521240
Media enquiries only to DFP Press Office on 028 9052 7644 or 028 9052 27375. Out of office hours please contact the Duty Press Officer via pager number 076 9971 5440 and your call will be returned.
